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HomeMy WebLinkAbout03-0525TERRY RENDE, : Plaintiff, : JUDITH RENDE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. t9 S. 5'2 5" ~ ~__ CIVIL ACTION- CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Terry Rende, by and through his attor~, G.'.~.¥y.._. I~¢ Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Terry Rende who resides at 531 16th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Judith Rende who last resided at 531 16th Street, New Cumberland, Cumberland County, Pennsylvania 17070. It is believed that Defendant now resides at 332 Daury Road, South Daytona, Florida 32119. 3. Plaintiff seeks custody of the following children: Name Present residence Age Trayer Rende 531 16th Street DOB 3/21/88 New Cumberland Willow Rende 332 Daury Road South Dayton, Florida DOB 4/20/98 The parties are husband and wife and the children were born of the marriage. The minor children were previously in the joint custody of the parties as they were an intact family. However, on February 1, 2003, Defendant absconded to Florida with Willow without prior notice to Plaintiff. Trayer remains in the custody of Plaintiff. 4. During the past 5 years, the children have resided with the following persons ar the following addresses: Persons Plaintiff Defendant Plaintiff Defendant Addresses Dates 531 16th Street New Cumberland 5331 16th Street New Cumberland Joseph Rende (Plaintiff's father) Donna Rende (Plaintiff's mother) Defendant Gary Auman Willow 6. with the following persons: 332 Daury Street South Dayton, Florida 1998 to 2002 2002 to 2/1/03 for both children. 2002 to present for Trayer. 2/1/03 to present The mother of the child is Defendant. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides Name Relationship Joseph Rende father Donna Rende mother Trayer Rende son resides with the following persons: Name Gary Auman Willow Rende The relationship of Defendant to the child is that of mother. Defendant currently Relationship paramour daughter 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is a fit parent. Defendant suffers from a significant substance abuse problem which limits her ability to care for the minor children. The minor children view Plaintiff as a source of love and affection. Placing custody with Plaintiff will provide continuity, stability and certainty to the children's lives~ Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the child to Plaintiff. PETITION FOR EMERGENCY RELIEF 10. Plaintiff repeats and realleges averments 1 through 9. 11, Defendant suffers from an alcohol dependency problem. 12. During the past month, Defendant has consumed in excess of seven "fifths" of Jack Daniels bourbon. 13. Defendant has been consuming approximately 1 and 1/2 "fifths" of Jack Daniels bourbon per week for the past 2 to 3 months. 14. During the same period, Defendant's conduct has become increasingly erratic. 15. During the same period, Defendant has become increasingly physically and emotionally abusive to the minor children. 16. During this same period, Defendant has repeatedly lost control of herself and struck Trayer, the older child, in the face. 17. During this same period, Defendant has been unable to provide for the care of the parties' minor child, Willow. As a result, Plaintiff's mother, who resides with the parties, has been forced to care 18. for Willow. 19. Approximately 2 weeks ago, Plaintiff attempted to remove all alcohol from the parties' residence. 20. The parties also discussed Defendant's continued alcohol dependency and steps that could be undertaken to assist her xvith her problem. 21. Defendant stated that she would stop drinking. 22. Shortly thereafter, Defendant began drinking again. 23. Approximately one week ago, Plaintiff informed Defendant that he would seek intervention to assist her with her problem because her dependency problem, increased physical hostility, and inability to function. 24. On February 1, 2003, Trayer observed his mother acting erratically. 25. When he asked her if she was okay, she struck him in the face and told him to "Mind your own business." At approximately 3:00 P.M. she informed Trayer that she was "going out t'or 26. awhile." 27. and daughter. 28. 29. At approximately 5:00 P.M., Plaintiff inquired as to the whereabouts of his wife His son informed him that he thought that this mother had taken a walk. At 5:30 P.M., Plaintiff contacted his sister-in-law to inquire regarding the whereabouts of his wife. 30. She informed him that she had no idea where his wife and daughter were. 31. Plaintiff subsequently contacted the local police because he was concerned regarding the whereabouts of his wife and child. 32. The officer contacted the sister-in-law and was informed again that she had no knowledge regarding the whereabouts of Defendant and the child. 33. The police began an investigation of a possible abduction. 34. Plaintiffs sister-in-law (Defendant's sister) subsequently informed the police that Defendant had left for Florida with Gary Auman, an individual with whom Defendant had apparently been corresponding with via e-mail. 35. The local police subsequently determined that Defendant and the minor child were in Florida. 36. of women. Mr. Auman suffers from a significant history of alcohol abuse and physical abuse 37. Mr. Auman is known to be physically violent. 38. Defendant has not contacted Plaintiff and informed her of her whereabouts and the condition of the child. 39. Plaintiff believes that given Mr. Auman's history and Defendant's present condition and inability to care for the minor child that his daughter is in immediate physical danger. 40. Plaintiff is fearful for the safety and care of his daughter. 41. Without the intervention of this Honorable Court, the child will continue to be in immediate danger given her mother's condition. WHEREFORE, based upon all of the foregoing, Plaintiff respectfully requests that this Honorable Court grant legal and physical custody of the minor children to him pending further order of Court. Respectfully ~5~tted, ary~. Kelly -- Harrisburg, PA 17101 (717) 238-1484 A~torney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. TERRY RENDE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA JUDITH RENDE, DEFENDANT · 03-0525 CIVIL TERM Gary L. Kelley, Esquire For the Father Judith Rende 332 Daury Road South Daytona, FL 32119 ORDER OF COURT AND NOW, this ~day of February, 2003, the father, Terry Rende, is temporarily awarded physical and legal custody of Trayer Rende, born March 21, 1988 and Willow Rende, born April 20, 1998. The mother, Judith Rende, shall within forty-eight hours of service of this order return Willow to the temporary custody of the father. The case shall proceed before a custody conciliator. Edgar B. Bayl~ J. / :sal TERRY RENDE PLAIN'TIFF Vo JUDITH RENDE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-525 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. _, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 13, 2003 at 1:00 PM for a Pre-Hearing Custody Conference~ At such conference, an effort will be made to resolve the issues in dispute; or if this camaot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours i~rior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ITIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TERRY RENDE VS. Plaintiff JUD/TH RENDE ' Defendant . HAR 1 4 2003 IN THE COURT OF COMMON PLEAS OF CUMBE~AND COUNTY, PENNSYLVANIA 03-525 CIVIL ACTION LAW IN CUSTODY AND NOW, this~ 12th _ day of _ March 2003 _, the conciliator, being advised by plaintiff's counsel, that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for March 13, 2003, is cancelled. FOR THE COURT,